Hello, the content of the Law on Administrative Reconsideration of Quality and Technical Supervision Order No.9 of the State Administration of Quality and Technical Supervision, the Measures for the Implementation of Administrative Reconsideration of Quality and Technical Supervision, was adopted at the executive meeting of the State Administration of Quality and Technical Supervision on April 2 1 2000, and is now promulgated for implementation. Director Li Chuanqing April 24, 2000 Implementation Measures for Administrative Reconsideration of Quality and Technical Supervision Chapter I General Editor Article 1 In order to ensure the effective implementation of administrative reconsideration of quality and technical supervision and correctly and timely handle administrative reconsideration cases of quality and technical supervision, these Measures are formulated in accordance with the Administrative Reconsideration Law. Article 2 A citizen, a legal person or any other organization thinks that a specific administrative act of the administrative department of quality and technical supervision infringes upon their legitimate rights and interests and files an application for administrative reconsideration with the administrative department of quality and technical supervision; These Measures shall apply to the administrative departments of quality and technical supervision in hearing and making administrative reconsideration decisions. Article 3 The administrative reconsideration of quality and technical supervision shall follow the principles of legality, fairness, openness, timeliness and convenience. Insist on investigating mistakes and ensuring the correct implementation of laws and regulations. Article 4 The administrative department of quality and technical supervision at a higher level shall strengthen the guidance and supervision of the administrative reconsideration work of the administrative department of quality and technical supervision at a lower level. If it is found that the administrative department of quality and technical supervision at a lower level is indeed wrong in the administrative reconsideration work, it shall promptly point out and supervise its correction, and if necessary, directly correct it according to law. Article 5 If the administrative reconsideration department of quality and technical supervision violates the law in the trial of administrative reconsideration cases, the person in charge and the person directly responsible shall bear the administrative responsibility. The responsibility of the person in charge and the person directly responsible shall be investigated in accordance with the provisions of Chapter VIII of these Measures and the Measures for Investigating the Fault Liability of Administrative Law Enforcement of Quality and Technical Supervision. Chapter II Administrative Reconsideration Institutions and Editors of Duties Article 6 The administrative department of quality and technical supervision that performs the duties of administrative reconsideration according to law is the administrative reconsideration organ (hereinafter referred to as the "administrative reconsideration organ"). The legal institution of the administrative reconsideration organ is the administrative reconsideration institution of this department (hereinafter referred to as the "administrative reconsideration institution"). The administrative reconsideration institution shall be responsible for handling specific matters related to administrative reconsideration cases. The list of staff of the administrative reconsideration institution shall be reported to the administrative department of quality and technical supervision at the next higher level for the record. Article 7 The specific duties of administrative reconsideration institutions are as follows: (1) Accepting applications for administrative reconsideration; (2) Investigating and collecting evidence from relevant organizations or personnel; (3) Organizing the trial of administrative reconsideration cases; (four) to formulate administrative reconsideration decisions; (five) to handle or forward the application for examination of the relevant provisions listed in Article 10 of these Measures; (six) to take security measures in accordance with the law concerning state secrets, business secrets or personal privacy of the applicant and related persons; (seven) to sort out the administrative reconsideration files and be responsible for filing; (eight) to handle the matters of responding to administrative litigation because of the decision of administrative reconsideration; (nine) to put forward suggestions for handling the acts of this department or its subordinate departments in violation of the provisions of these measures in accordance with the statutory authority and procedures; (ten) to guide the administrative reconsideration work of the administrative departments of quality and technical supervision at lower levels, and analyze and study the problems found in the administrative reconsideration work, and put forward opinions and suggestions for improvement; (eleven) other duties as prescribed by laws and regulations. Chapter III Scope and Jurisdiction of Administrative Reconsideration Editor Article 8 Citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with the provisions of these Measures under any of the following circumstances: (1) They are dissatisfied with the administrative punishment decision made by the administrative department of quality and technical supervision; (two) dissatisfied with the administrative compulsory measures made by the administrative department of quality and technical supervision; (three) dissatisfied with the decision made by the administrative department of quality and technical supervision on the change, suspension and revocation of licenses, qualification certificates and other certificates; (four) that the administrative department of quality and technical supervision has violated the legitimate right to operate independently; (five) that the administrative department of quality and technical supervision illegally raises funds, levies property, apportions expenses or illegally requires the performance of other obligations; (six) that meet the statutory conditions, apply for the administrative department of quality and technical supervision to issue licenses, qualification certificates, qualification certificates and other certificates, or apply for approval and registration of related matters, and the administrative department of quality and technical supervision fails to handle them according to law; (seven) to apply for the administrative department of quality and technical supervision to perform the statutory duties of protecting personal rights and property rights, and the administrative department of quality and technical supervision fails to perform them according to law; (eight) that other specific administrative acts of the administrative department of quality and technical supervision infringe upon their legitimate rights and interests. Article 9 Whoever refuses to accept the mediation or other handling of civil disputes made by the administrative department of quality and technical supervision shall apply for arbitration or bring a lawsuit to the people's court according to law. Those who refuse to accept the administrative sanctions or other personnel handling decisions made by the administrative department of quality and technical supervision shall lodge a complaint in accordance with the provisions of relevant laws and administrative regulations. Article 10 A citizen, a legal person or any other organization considers that the following provisions on which a specific administrative act of the administrative department of quality and technical supervision is based are illegal, and when applying for administrative reconsideration of a specific administrative act, they may submit an application for review of the provisions together: (1) Provisions of the State Bureau of Quality and Technical Supervision or the the State Council Department; (2) Provisions of local people's governments at or above the county level and their departments; (3) Provisions of local quality and technical supervision administrative departments at all levels. The provisions listed in the preceding paragraph do not include the regulations of the State Council departments and local people's governments. The review of rules shall be handled in accordance with the provisions of laws and administrative regulations. Eleventh refuses to accept the specific administrative act of the State Bureau of Quality and Technical Supervision, apply for administrative reconsideration to the State Bureau of Quality and Technical Supervision. If you are dissatisfied with the administrative reconsideration decision of the State Bureau of Quality and Technical Supervision, you may apply to the State Council for an administrative ruling. Article 12 Anyone who refuses to accept a specific administrative act of the administrative department of quality and technical supervision of a province, autonomous region or municipality directly under the Central Government may apply to the State Bureau of Quality and Technical Supervision for administrative reconsideration, or to the people's government at the same level. Those who are dissatisfied with the specific administrative acts of the administrative departments of quality and technical supervision in cities with separate plans and other sub-provincial cities may apply for administrative reconsideration to the quality and technical supervision departments of provinces, autonomous regions and municipalities directly under the Central Government, or to the people's government at the same level. If an application for administrative reconsideration is filed with the people's government at the same level, the administrative department of quality and technical supervision at the next higher level will no longer accept the application for administrative reconsideration. Thirteenth refuses to accept the specific administrative act of the administrative department of quality and technical supervision at the city or county level, apply for administrative reconsideration to the administrative department of quality and technical supervision at the next higher level. Article 14 If an institution affiliated to the administrative department of quality and technical supervision refuses to accept a specific administrative act authorized by laws and regulations, it shall apply to the competent administrative department of quality and technical supervision for administrative reconsideration. Article 15 If an agency established by the administrative department of quality and technical supervision according to law refuses to accept a specific administrative act in its own name, it shall apply for administrative reconsideration to the administrative department of quality and technical supervision that established the agency. Article 16 If an organization entrusted by the administrative department of quality and technical supervision refuses to accept a specific administrative act in the name of the entrusted administrative department of quality and technical supervision, it shall apply for administrative reconsideration to the administrative department of quality and technical supervision at the next higher level of the entrusted administrative department of quality and technical supervision. Seventeenth refuses to accept the specific administrative act that needs approval according to law, apply for administrative reconsideration to the administrative department of quality and technical supervision at the next higher level of the administrative department of quality and technical supervision that made the approval decision. Eighteenth of the administrative department of quality and technical supervision and other administrative departments * * * refuses to accept the specific administrative act, to make the decision of the department * * * at the next higher level departments to apply for administrative reconsideration. Chapter IV Application and Acceptance of Administrative Reconsideration Editor Article 19 A citizen, legal person or other organization that applies for administrative reconsideration to the administrative department of quality and technical supervision in accordance with the provisions of these Measures is an applicant for administrative reconsideration (hereinafter referred to as the "applicant"). If a citizen who has the right to apply for reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for reconsideration is a person without or with limited capacity for civil conduct, his legal representative may apply for administrative reconsideration on his behalf. Where a legal person or other organization that has the right to apply for reconsideration terminates, the legal person or other organization that inherits its rights may continue to enjoy the rights of the applicant and apply for administrative reconsideration. Twentieth citizens, legal persons or other organizations that have a legal interest in the specific administrative act applying for administrative reconsideration may participate in administrative reconsideration as a third party. Article 21 An applicant and a third party may entrust an agent to participate in administrative reconsideration on their behalf. Where an agent participates in administrative reconsideration on his behalf, the principal shall issue a power of attorney. Article 22 If an applicant refuses to accept a specific administrative act of the administrative department of quality and technical supervision and applies for administrative reconsideration, the administrative department of quality and technical supervision that made the specific administrative act shall be the respondent (hereinafter referred to as the "respondent"). Article 23 An applicant may apply for administrative reconsideration in writing or orally. In case of oral application, the staff of the administrative reconsideration institution shall fill in the Record of Application for Administrative Reconsideration of Quality and Technical Supervision on the spot, and record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time of applying for administrative reconsideration, which shall be signed by the applicant. Article 24 An applicant may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period shall continue to be counted from the date when the obstacle is removed. Article 25 After receiving an application for administrative reconsideration, the administrative reconsideration institution shall make a preliminary examination of the subject qualification, application period and relevant evidential materials of the application for reconsideration within 5 days, and make the following decisions: (1) To file an application for administrative reconsideration that meets the provisions of these Measures; (two) the application for administrative reconsideration that does not conform to the provisions of these measures, the administrative reconsideration institution may require it to make corrections. If it is not corrected or still does not meet the requirements after correction, it shall decide not to accept it and inform the applicant in writing; (three) for the application for administrative reconsideration that is not under the jurisdiction of this department, the applicant shall be informed to apply for administrative reconsideration to the relevant administrative department; (four) the people's court has accepted the application for administrative reconsideration of administrative litigation, decided not to accept, and inform the applicant in writing. Twenty-sixth applicants apply for administrative reconsideration, the administrative reconsideration organ refuses to accept it without justifiable reasons, and the administrative department of quality and technical supervision at a higher level shall order it to accept it; If the administrative department of quality and technical supervision at a lower level is ordered to accept the applicant's application for administrative reconsideration, it shall fill in the Notice of Ordering to Accept the Application for Administrative Reconsideration and serve it on the applicant and the administrative department of quality and technical supervision ordered to accept the application for administrative reconsideration. The administrative department of quality and technical supervision at a higher level may also directly accept the applicant's application for administrative reconsideration when it deems it necessary. If the administrative department of quality and technical supervision at a higher level directly accepts the application for administrative reconsideration, it shall hear the application for administrative reconsideration in accordance with the provisions of these Measures. Twenty-seventh specific administrative acts shall not be suspended during the period of administrative reconsideration. However, in any of the following circumstances, execution may be suspended: (1) where the respondent considers it necessary to stop execution; (two) the administrative reconsideration organ considers it necessary to stop the execution; (three) the applicant applies for suspension of execution, and the administrative reconsideration organ considers its request reasonable and decides to stop execution; (four) the provisions of laws and regulations to stop execution. Where the administrative reconsideration organ makes a decision to stop the execution of the original specific administrative act, it shall fill in the Notice of Administrative Reconsideration and serve it on the applicant and the respondent. Twenty-eighth administrative reconsideration institutions shall, within 7 days from the date of accepting the application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration to the respondent. The respondent shall, within 10 days from the date of receiving the copy of the application for administrative reconsideration or the copy of the written record of the application for administrative reconsideration, submit a written reply and submit the evidence, basis and other relevant materials for the specific administrative act. Chapter V Editing of Administrative Reconsideration Trial Article 29 In principle, administrative reconsideration shall be conducted in the form of written examination. However, when the administrative reconsideration institution deems it necessary, it may investigate the situation from the relevant organizations and individuals and listen to the opinions of the applicant and the third party. The administrative reconsideration institution shall conduct inspection and appraisal in accordance with the provisions of the Measures for the Administration of Arbitration Inspection and Appraisal of Product Quality if it deems it really necessary. Thirtieth in the process of administrative reconsideration, the applicant and the third party may consult the written reply, the evidence, basis and other relevant materials of the specific administrative act made by the respondent. However, materials involving state secrets, commercial secrets or the privacy of others are excluded. Thirty-first in the process of administrative reconsideration, the respondent shall not collect evidence from the applicant, other relevant organizations or individuals. Article 32 When accepting an administrative reconsideration case, the administrative reconsideration institution shall examine the provisions listed in Article 10 of these Measures or the basis for the specific administrative act of the respondent put forward by the applicant, and handle it in accordance with the following provisions: (1) The provisions or basis issued by the department shall be tried within 30 days, and a decision shall be made after being approved by the person in charge of the department; (two) the provisions or basis issued by the superior administrative department of quality and technical supervision shall be submitted to the superior department within 7 days. The superior department shall, within 60 days from the date of receiving the submission, make a decision on the handling and deliver it to the submitting unit in writing; (3) The provisions or basis issued by the State Bureau of Quality and Technical Supervision shall be submitted to the State Bureau of Quality and Technical Supervision by the provincial administrative department of quality and technical supervision, and the State Bureau of Quality and Technical Supervision shall make a decision on whether it is applicable or not within 60 days from the date of receiving the submission, and send it to the provincial administrative department of quality and technical supervision in writing; (four) the provisions or basis issued by the local people's government shall be reported to the administrative department of quality and technical supervision of the people's government at the corresponding level within 7 days and forwarded to the people's government at the corresponding level, asking it to make a decision within 60 days; (5) The regulations or basis issued by the State Council's subordinate departments shall be reported to the provincial administrative department of quality and technical supervision within 7 days and forwarded to the State Bureau of Quality and Technical Supervision, which shall report to the State Council to make a decision on whether it is applicable or not. Article 33 For the provisions or basis that need to be referred for trial, a Letter of Request for Trial of Normative Documents shall be filled in, which shall include the following contents: (1) The name of the document requested for trial; (2) The main contents of the request for trial; (3) The deadline for requesting a written reply. Thirty-fourth the relevant government and its departments shall suspend the administrative reconsideration during the trial of the above provisions or basis; After the decision is made, the calculation will continue during the administrative reconsideration. Article 35 The administrative reconsideration institution shall organize relevant personnel to conduct a comprehensive review of the specific administrative act applying for administrative reconsideration, and report the cases of significant administrative reconsideration to the director's office meeting for discussion, and put forward opinions on administrative reconsideration in accordance with the following provisions: (1) If the specific administrative act of the respondent has clear facts, conclusive evidence, correct application basis, legal procedures and appropriate contents, it is suggested to maintain the original specific administrative act; (2) If the respondent fails to perform his statutory duties, it is suggested to order him to perform them within a certain period of time; (3) If the specific administrative act of the respondent is under any of the following circumstances, it is suggested to cancel, change or confirm that the specific administrative act is illegal; And may suggest that the respondent be ordered to make a specific administrative act again within a certain period of time: 1, the main facts are unclear and the evidence is insufficient; 2. The application basis is wrong; 3, in violation of legal procedures; 4, beyond or abuse of power; 5. The specific administrative act is obviously improper. (4) If the respondent fails to give a written reply and submit the evidence, basis and other relevant materials for the specific administrative act within 0/0 days after receiving the copy of the application for administrative reconsideration or the copy of the written record of the application for administrative reconsideration, it is deemed that there is no evidence or basis for the specific administrative act, and it is suggested to cancel the specific administrative act. Thirty-sixth administrative reconsideration institutions shall, in accordance with the provisions of the "Measures for the Implementation of Administrative Compensation for Quality and Technical Supervision", hear the application for administrative reconsideration together with the specific administrative act, and put forward the handling opinions. If the applicant fails to make a request for administrative compensation when applying for administrative reconsideration, the administrative reconsideration organ shall, when deciding to cancel or change the original specific administrative act according to law, order the respondent to return the property or lift the compulsory administrative measures against the property or compensate the corresponding price. Chapter VI Decision of Administrative Reconsideration and Executive Editing Article 37 The administrative reconsideration institution shall draw up the Decision of Administrative Reconsideration according to the hearing opinions and submit it to the person in charge of the administrative reconsideration institution for approval. The "Decision on Administrative Reconsideration" shall contain the following contents: (1) Information about the applicant and the respondent; (two) the main facts and reasons for applying for administrative reconsideration; (three) the reasons and basis for the specific administrative act or omission of the respondent; (four) the facts and reasons identified by the administrative reconsideration organ; (five) the administrative reconsideration decision made by the administrative reconsideration organ; (6) The effective period for the applicant to bring an administrative lawsuit to the people's court if he refuses to accept the administrative reconsideration decision; (seven) the name and seal of the administrative reconsideration organ and the date of making the administrative reconsideration decision. Thirty-eighth the person in charge of the administrative reconsideration organ agrees with the hearing opinions, and issues the "Administrative Reconsideration Decision"; If the opinions of the hearing are wrong, they may be returned to the administrative reconsideration institution, which shall organize a retrial. Thirty-ninth administrative reconsideration organ shall make an administrative reconsideration decision within 60 days after the administrative reconsideration organ receives a valid application for administrative reconsideration. If the situation is complicated and it is impossible to make an administrative reconsideration decision within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of this organ, and the applicant and the respondent shall be informed. However, the extension period shall not exceed 30 days at most. Fortieth before the decision of administrative reconsideration is made, if the applicant requests to withdraw the application for administrative reconsideration, he may withdraw it after explaining the reasons. If the application for reconsideration is withdrawn, the administrative reconsideration shall be terminated. The administrative reconsideration organ shall notify the applicant and the respondent in writing of the termination of the administrative reconsideration case. Article 41 When trying administrative reconsideration cases, the administrative reconsideration organ shall use unified quality and technical supervision administrative reconsideration documents. "Administrative reconsideration decision" and "decision not to accept administrative reconsideration" shall be stamped with the seal of the administrative reconsideration organ, and other administrative reconsideration documents may be stamped with the seal of the administrative reconsideration organ. Forty-second administrative reconsideration organs shall generally serve administrative reconsideration documents by mail; According to the needs of the work, it can also be served by direct service, lien service, entrusted service and announcement service. Forty-third "administrative reconsideration decision" will take legal effect as soon as it is served, and the applicant and the respondent shall strictly implement it. Article 44 If the administrative reconsideration organ orders the respondent to re-do a specific administrative act, the respondent shall not do the same or basically the same specific administrative act with the same facts and reasons. Forty-fifth if the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ or the administrative department of quality and technical supervision at a higher level shall order it to perform within a time limit. Article 46 If the applicant fails to bring a suit and perform the administrative reconsideration decision within the time limit, it shall be dealt with separately according to the following provisions: (1) The administrative reconsideration decision to maintain the specific administrative act shall be applied to the people's court for compulsory execution by the respondent according to law; (two) the administrative reconsideration decision to change a specific administrative act shall be applied to the people's court for compulsory execution by the administrative reconsideration organ according to law. Article 47 If a specific administrative act that has been revoked or changed involves the property of the applicant, it shall be released from storage or returned to the property in accordance with the requirements of the administrative reconsideration decision; If the property that should be sealed up or returned is lost or damaged, the corresponding price shall be compensated in accordance with the relevant provisions of the Measures for the Implementation of Administrative Compensation for Quality and Technical Supervision. Article 48 Under any of the following circumstances, the applicant may bring an administrative lawsuit according to law within 15 days from the date of receipt of the Decision of Inadmissibility, the Decision of Administrative Reconsideration or the expiration of administrative reconsideration: (1) The administrative reconsideration organ decides not to accept the application for administrative reconsideration; (two) after accepting the application for administrative reconsideration, the administrative reconsideration organ fails to make a reply within the time limit for administrative reconsideration; (three) refuses to accept the decision of administrative reconsideration. Forty-ninth after the trial of an administrative reconsideration case, the administrative reconsideration institution shall summarize the administrative reconsideration case and write a closing report. A case of administrative reconsideration that has a significant impact shall be reported to the Provincial Bureau of Quality and Technical Supervision and the State Bureau of Quality and Technical Supervision for the record after the case is closed. Chapter VII Legal Responsibility Editing Article 50 If an administrative reconsideration organ, in violation of the provisions of these Measures, refuses to accept an application for administrative reconsideration filed according to law or fails to make an administrative reconsideration decision within the statutory time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit recording and gross demerit recording according to law; Those who refuse to accept the case after being ordered to accept it, causing serious consequences, shall be given administrative sanctions of demotion, dismissal and expulsion according to law. Article 51 Any functionary of an administrative reconsideration organ who engages in malpractices for personal gain or commits other dereliction of duty or dereliction of duty in administrative reconsideration activities shall be given an administrative sanction of warning, demerit recording and gross demerit recording according to law; If the circumstances are serious, administrative sanctions such as demotion, dismissal and expulsion shall be given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 52 If the respondent, in violation of the provisions of these Measures, fails to give a written reply or submit evidence, basis and other relevant materials for a specific administrative act, or obstructs or disguises citizens, legal persons or other organizations from applying for administrative reconsideration according to law, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit recording and gross demerit recording according to law; Those who take revenge and frame up shall be given administrative sanctions of demotion, dismissal and expulsion according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 53 If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit recording and gross demerit recording according to law; Those who refuse to perform after being ordered to do so shall be given administrative sanctions of demotion, dismissal and expulsion according to law. Chapter VIII Supplementary Provisions Editor Article 54 When accepting an application for administrative reconsideration, the administrative reconsideration organ shall not charge any fees from the applicant. The funds needed for administrative reconsideration activities shall be paid from the administrative funds of this organ. In the administrative reconsideration, the administrative reconsideration institution shall, at the request of the applicant, organize the inspection and appraisal expenses, which shall be paid by the applicant. When the administrative reconsideration case is closed, the prepaid expenses shall be handled according to the following provisions: (1) If the inspection and appraisal conclusion is consistent with the inspection conclusion on which the original specific administrative act was based, the inspection and appraisal expenses shall be borne by the applicant; (2) If the conclusion of inspection and appraisal is inconsistent with the inspection conclusion on which the original specific administrative act was based, and it is proved that the original inspection conclusion is wrong, the expenses of inspection and appraisal shall be borne by the respondent. After the administrative reconsideration case is closed, the respondent can recover from the relevant inspection agencies in accordance with the provisions of the Measures for the Implementation of Administrative Compensation for Quality and Technical Supervision. Fifty-fifth the provisions of the relevant period in these Measures refer to working days, excluding holidays. Article 56 These Measures shall apply to foreigners, stateless persons and foreign organizations applying for administrative reconsideration of quality and technical supervision within the territory of the People's Republic of China. Article 57 The State Bureau of Quality and Technical Supervision shall be responsible for the interpretation of these Measures. Article 58 These Measures shall come into force as of the date of promulgation. The Measures for the Implementation of Administrative Reconsideration of Technical Supervision shall be abolished at the same time.